High Court Kerala allowed criminal appeal against conviction under Section 8(2) of the Abkari Act. Court acquitted appellant as the Excise Officer lacked appointment to register report and chemical analysis did not prove the substance was arrack.
Conviction and sentence set aside; appellant acquitted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
MONDAY, THE 31ST DAY OF OCTOBER 2016/9TH KARTHIKA, 1938
CRL.A.No. 369 of 2009 (A)
SC 905/2007 of ADDITIONAL SESSIONS COURT (ADHOC)-II, KOLLAM
APPELLANT/ACCUSED:
ASHOKAN, S/O.MADAVAN, KUNNATHARA VEEDU, ADINADU VADAKKU MURI, KULASEKHARAPURAM VILLAGE, KARUNAGAPPALLY, KOLLAM DISTRICT.
BY ADV. SRI.B.MOHANLAL
RESPONDENT/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR, KARUNAGAPPALLY EXCISE RANGE, KOLLAM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY SR. PUBLIC PROSECUTOR SRI.ALEX M. THOMBRA
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 31-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
DSV/1/11/16
B. KEMAL PASHA, J
================ Crl.Appeal No.369 of 2009 ================
Dated this the 31st day of October, 2016
J U D G M E N T
The appellant is the accused in Sessions Case No.905 of 2007 of the Additional Sessions Court (Adhoc-II), Kollam, who stands convicted under Section 8(2) of the Abkari Act and sentenced to undergo rigorous imprisonment for one year and to pay a fine of `1,00,000/-, in default, to undergo simple imprisonment for six more months.
Karunagappally Excise Range detected the offence. A
Crl.A.369/09
2
sample of 200 ml was drawn and the contraband was seized through Exhibit-P1 mahazar. He placed the accused under arrest through Exhibit-P2 arrest memo. He registered Exhibit-P4 crime and occurrence report and produced the property before court on the next day through Exhibit-P5. Forwarding note was furnished, the copy of which is Exhibit-P6. Exhibit-P7 is the certificate of chemical examination. It was PW4 Excise Inspector, who conducted the investigation and filed the Final Report.
and the learned Senior Public Prosecutor.
3
Crl.A.369/09
Crl.A.369/09
4
appointed as Excise Inspector of the Karunagappally Excise Range on the date on which Exhibit-P4 was registered.
Crl.A.369/09
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passed by the court below are liable to be set aside.
In the result, this Crl.Appeal is allowed and the
conviction and sentence passed by the court below are set aside. The appellant is acquitted.
Sd/-
B. KEMAL PASHA, JUDGE.
DSV/31/10/16
// True Copy //
P.A. To Judge
2 issues framed by the court
Whether the Preventive Officer of Excise was competent to register the crime report.
Whether there was sufficient evidence to prove the seized liquid was arrack.
1 provisions across 1 enactments
ASHOKAN
STATE OF KERALA
B. KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
